Can you prove you have everything in place to show an Inspector how you keep your workers, and anyone who may be affected by your work, healthy and safe?

The Health and Safety Executive (HSE) health and safety inspector makes thousands of visits each year covering a wide range of industries and sectors.

The inspector will look at how you keep your workers, and anyone who may be affected by your work, healthy and safe.

They will ask about the health risks arising from the work you are doing, they will ask to see records and documentation to validate you understand your legal obligations and are doing so far as is reasonably practicable in preventing harm.

The inspector will need to see your health, safety and wellbeing records there and then, they will not allow you to email them through or ask your representative to give them a call when they are less busy – They will wait.

The Health and Safety at Work etc. Act 1974 Section 33(1)(f) details it is an offence for a person to prevent or attempt any other person from appearing before an inspector or from answering any question.

The inspector will speak with your employees, contractors and other representatives during the visit to get an understanding of the working conditions, safety knowledge and control measures in place to reduce the risk to as low as reasonably practicable (ALARP).

Mitigating risk

Having suitable and sufficient documentation, information, records and reports not only improves your worker’s health and safety but also supports data-driven decisions making you a more effective, efficient and compliant business.

It is also imperative to give an inspector the proof needed to vacate your premises happy in the knowledge the body corporate (Your Company) and the individual directors are doing so far as is reasonably practicable in meeting their health and safety obligations.

The result if you are not able to provide the inspector suitable and sufficient information and records are – listed in order of seriousness:

• the inspector will offer free advice
• give you a notification of contravention
• give you an improvement notice
• give you a prohibition notice; or
• prosecute you for breaching health and safety laws.

What is a Notice of contravention?

A notification of contravention (NoC) is a document or letter that tells you about health and safety laws you’ve broken. It also explains how you’ve broken them.

*A notice of contravention will not tell you what you need to do to stop breaking the law

Improvement notice

An improvement notice will tell you:

• what’s wrong;
• any changes you need to make; and
• how long you have to make those changes

*It is a criminal offence if you don’t make the changes in the time the inspector gives.

Why would I get issued a Prohibition notice?

You may get a prohibition notice if there’s a risk of serious personal injury now or in the future.

A prohibition notice orders you to stop doing something until you have made it safe to continue.

*It is a criminal offence if you don’t comply with a prohibition notice.

What happens under a Prosecution?

The HSE can prosecute you for breaking health and safety laws or for failing to comply with an improvement notice or a prohibition notice.

*The courts can fine you or in some cases send you to prison.

Enforcement databases

Enforcement notices are not just issued to the company or individual director, they are made public on a Public register for enforcement notices.

Enforcement Notices remain on the public database for a period of 5 years.

We searched the database at the time of writing this article and database returned 40652 matching records which can be expanded to show

• Company name and address
• Location of Offence
• Notice type
• Description
• and breaches involved in the notice.

Fees for intervention

If the HSE gives you a notification of contravention you will have to pay a fee. This is called a ‘fee for intervention’ (FFI)

The fee will include the costs for the time of the entire original visit. It may also include the inspector’s time:

• at your business or workplace;
• preparing reports;
• getting specialist advice;
• talking to you after the visit; and
• talking to your workers.

The FFI hourly rate at the time of writing is £157. You must pay any invoice the HSE send within 30 days.

COVID-19

Everything referenced above is relevant under the coronavirus outbreak.

The HSE provides essential information on working safely during the coronavirus (COVID-19) outbreak, so there is no excuse for falling below the required standards.

Through your risk assessment, you should have identified people who cannot work from home and consider what changes you might need in your workplace to reduce the risk and make it ‘COVID-secure’

The HSE inspectors are currently randomly calling businesses and asking a series of COVID questions in order to validate you and your business are ‘COVID-secure’

The inspector will check your COVID-19 control measures in-line with all other regulatory checks.

You should make a RIDDOR report when one of the following circumstances applies:

• an accident or incident at work has, or could have, led to the release or escape of coronavirus (SARS-Cov-2). This must be reported as a dangerous occurrence.
• a person at work (a worker) has been diagnosed as having COVID-19 attributed to an occupational exposure to coronavirus. This must be reported as a case of disease.
• a worker dies as a result of occupational exposure to coronavirus. This must be reported as a work-related death due to exposure to a biological agent.

Prevention and protection

The HSE promotes ‘Plan, Do, Check, Act’. Safety PALs SMART solution simplifies this proven system to ‘Plan, Act, Learn’

Safety PAL (PLAN ACT LEARN) is different from all other systems as it provides health, safety and wellbeing directly to your workforce – with proof.

In order for you and your company to meet its legal obligations and provide the HSE or Enforcement Officer with the proof you are doing so far as is reasonably practicable, all our features synchronise giving you on-demand and real-time proof.

Safety PAL Main Dashboard view with shields

The strategic business decision

24/7 access to all H&S records, maximising your resource

Reduce inefficiencies inherent with managing H&S

Compiling the proof needed to verify legal compliance

FACT:  All breaches in health and safety happen when the company or individual director fail to prove they have done ‘so far as is reasonably practicable’.

Safety PAL system prevents accidents by guaranteeing the workforce is receiving accurate and frequent updates based on discipline and competence, and have read and understood all company policies and job information. 

Safety PAL protects your company from civil and legal claims by collating employees training, competences and job records in real-time, proving the company is doing so far as is reasonably practicable. 

Useful links, downloads and resource information

HSE web page when an inspector calls: https://www.hse.gov.uk/pubns/hsc14.htm

Regulation of health and safety at work: https://www.hse.gov.uk/pubns/hse51.pdf 

Health and Safety at Work etc. Act 1974: https://www.legislation.gov.uk/ukpga/1974/37/contents

Public register of enforcement notices: https://resources.hse.gov.uk/notices/ 

Working safely during the coronavirus (COVID-19) outbreak: https://www.hse.gov.uk/coronavirus/working-safely/covid-secure.htm 

RIDDOR reporting of COVID-19: https://www.hse.gov.uk/coronavirus/riddor/index.htm

Safety PAL (PLAN ACT LEARN) https://yoursafetypal.com/